IQBAL @ ASLAM UMARBHAI TAILI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Art. 226 of the Constitution of India for the following reliefs,

(2.) Heard learned Senior Counsel, Mr. N.D. Nanavati assisted by learned advocate, Mr. Rahul Dholakia for the petitioner and learned AGP Ms. Jyoti Bhatt for the respondents.

(3.) It is submitted by learned Senior Counsel for the petitioner that the petitioner is one of the partners of the Company viz., "Shibl Lubricants Co." and the said Company is indulged into the business of recycling of used oil and trading of all kinds of lubricant oils. The said Company, after taking required permission from the concerned authority, is running its business. It is submitted that five different FIRs have been registered against the petitioner under the provisions of the Essential Commodities Act as well as under the provisions of the Indian Penal Code alleging that the accused persons are dealing with bio-diesel for getting monetary benefits, copies of those FIRs are placed on record. It is submitted that the petitioner has been enlarged on bail in connection with four cases out of five cases and in connection with fifth case, the petitioner is in custody, however, the petitioner is having reasonable apprehension that he will be detained under the provision of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act , 1980 (hereinafter referred to as "the Act of 1980" for short) and, hence, the petitioner has filed the present petition at pre-detention stage. It is submitted that the petitioner came to know that the respondent authority has passed an order of detention against the petition under the provision of the Act of 1980.